The Attorney-general Of Anambra State V. The Attorney-general Of Federal Republic Of Nigeria & Ors (2005)

LAWGLOBAL HUB Lead Judgment Report

KATSINA-ALU, J.S.C.

In this suit, the plaintiff is the Attorney-General and Chief Legal Officer of Anambra State. He brought this action as representative of the Government of Anambra State.

The 1st defendant is the Attorney-General and Chief Legal Officer of the Federation. He is sued as a representative of the Federal Government.

All the states in the Federation are joined as defendants in the action. These are 2nd – 35th defendants. The Attorneys-General of all these states are sued as representatives of their various and respective states.

The plaintiff claims that a dispute has arisen between the Government of Anambra State, the Government of the Federal Republic and the other 35 States of Nigeria involving questions of law and fact on which the existence or extent of the legal rights of the Government of Anambra State depend.

The 1st defendant denies that a dispute exists between the plaintiff and other defendants in this suit.

The facts as related by the plaintiff in his affidavit of facts in support of his claim filed on 24th May, 2004 are these. On the 10th day of April, 2003, Dr. Chris Nwabueze Ngige, OON was elected Governor of Anambra State. He was duly sworn in on 29th May, 2003. However, on 10th July, 2003 an Assistant Inspector General of Police under the direct command of the Inspector General of Police and the ostensible direction of the President of the Federal Republic of Nigeria stormed the Anambra State Government House with a force of Policemen and attempted to remove the Governor from office.

The government of Anambra State, it was said, made several representations to the President to no avail. The President remained taciturn, nonchalant and indifferent to the plight of the Anambra State Governor. It took national revulsion, furor and condemnation of the events together with international display of outrage before the Inspector General of Police was sufficiently embarrassed to distance him from the shameful event. In consequence, he ordered the Assistant Inspector General of Police, Mr. Ige to pull out the police force from the Government House at Awka, Anambra State.

It is the contention of the plaintiff that the President is determined to change the Government in Anambra State unconstitutionally by removing the Governor Dr. Ngige from office in order to install another Governor acceptable to the President.

It was the case of the plaintiff that ever since the aborted attempt of 10th July, 2003 the Federal Government under the President have covertly instigated or condoned various suits at the Federal High Court in a bid to obtain a judicial order for the removal of Governor Ngige of Anambra State. It was pointed out that the Federal Government and the President have covertly and overtly instigated or condoned or sponsored identical suits at other judicial divisions of the Federal High Court including the division at Enugu so as to obtain a court order to enable the President to remove the Governor of Anambra State.

The plaintiff further contended that as a last desperate measure, the Government of the Federation through the President in collaboration with the Government of Enugu State on the 2nd of January, 2004 contrived an order from Hon. Justice S. C. Nnaji of the High Court of Enugu State directing the Inspector General of Police to remove the Governor of Anambra State from office. And as soon as the Federal Government received a copy of the order dated 2nd January, 2004, the Inspector General acting on the direction of the President and upon the advice of the Attorney-General of the Federation withdrew all Police protection and security apparatus of State power from the Governor of Anambra State and has refused to restore the same despite the order of the Court of Appeal.

Since the 2nd day of January, the Federal Government through the President have been contriving all machinations to orchestrate a state of emergency proclamation in Anambra State without regard to the provisions of section 305 of the 1999 Constitution. In this regard, it was said that the Federal Government through the President have started the process of lobbying members of the National Assembly to pass a resolution authorising him to proclaim a state of emergency in Anambra State for the sole purpose of removing the Governor. It was pointed out that the Federal Government through the President have continued to prevent the Commissioner of Police from taking lawful directives from the Governor of Anambra State for the maintenance of public safety, public order and the provision of police protection and other security apparatus of state power for the government of Anambra State and the Governor contrary to section 215(4) of the 1999 Constitution. The Federal Government in addition to the above has withheld and continued to withhold part of the Anambra State Government’s share from the Federation Account in a manner inconsistent with the provisions of the Constitution when the funds so withheld are not a legitimate set-off for any loan granted to Anambra State Government by the Federal Government. The plaintiff therefore, claims as per para. 23 of the amended statement of claim as follows:

(i) A declaration that the Inspector-General of Police acting on his authority or on the direction of the Federal Government or the President of the Federal Republic of Nigeria, has no constitutional right to withdraw police security personnel and details from the Governor or a state in Nigeria including the Governor of Anambra State;

alternatively: